The possibility of conventional representation of a creditor legal entity by another legal representative in the enforcement phase

AuthorEmilian-Constantin Meiu
PositionPhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (email:
Emilian-Constantin MEIU
We aim to answer the following question if possible creditor legal representation by proxy another
person, during enforcement. The need to find a solution for this issue arose as a result of delivery of
Decision No. 9/2016 issued Î.C.C.J., panels for a dispensation of law in civil matters. Part of the answer
to this question are undoubtedly of Decision No. 9/2016, specifically the fact that the incidents of
enforcement before the judge in court on representation of the legal person is possible only through
legal adviser or advocate, within the law, not by an authorized person. Since the Decision. 9/2016
covers only representation before the court shall consider the possibility of this studio extinţe
considerations set out decision and the facts constituting the premise of this article.
Keywords: representation, enforcement phase, legal entity .
1. Introduction
The issue for discussion is based on
Decision No. 9/20 16 issued Î.C.C.J., panels
for a dispen sation of law in civil matters.
This decision Î.C.C.J., stated that "the
interpretation and application of art. 84 para.
(1) of the Civil P rocedure Code, the
application for summons and conventional
representation of the legal person before the
courts can not be done by proxy legal person
or by legal counsel or lawyer up".
We present some of the reasons on
which it based its decision mentioned above.
Decision No reasons were invoked.
XXII of June 12, 2006, delivered by the
High Court of Cassation and Justice - United
Sections in the outcome of the appeal on
points of law, namely the argument that "the
activities of legal consultancy,
representation and legal advice and drafting
of legal documents, including introduction
of actions in court, with the possibility o f
PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of Bucharest (email:
certifying the identity of the pa rties, content
and date of documents, defense and
representation by legal means the rights and
interests of individuals and businesses in
relations with public authorities, institutions
and any Romanian or foreign constitute,
where appropriate, specific activities of the
legal profession, regulated in art. 3 o f Law
no. 51/1995 on the organization and the
profession of la wyer, republished (2), as
amended, the profession of notary public
[Art. 8 9:10 in law notaries and notary
activity no. 36/1995, rep ublished (3)] or the
bailiff (art. 7 of Law no. 188/2000 on
bailiffs, republished, with subsequent
amendments)”. In paragraph no. 28 was
held, referring also to Decision No. XXI I of
June 12, 2006, that "certain legal activities
such as legal representation, drafting of legal
documents, formulating actions, exercising
and justifying legal remedies may be
performed by le gal advisors, but the
provision of such activities are p ermitted

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